Hi, I have approved I140 based on which my 6th year H1b extension was filed.But I got RFE on H1B extension. If for any reason my H1B is not approved after replying to RFE, what is my chances to apply H1b by another company after my current visa validity period is over ?I meant extending H1B using same I140 by another company after I94/visa expired.
Yes, the H-1b extension based on approved I-140 is not tied to a particular employer. Any employer can file an H-1b for you as long as there is no gap in your status. Once you get your green card, you would have to work for the sponsoring employer (that filed the I-140) for a reasonable period of time unless you can meet the requirements to "port" to another employer. The main concern I would have - I am drawing a lot of inferences here and assuming that the employer who sponsored your current H-1b is the same one that sponsored your I-140 - is if you leave the I-140 employer and go elsewhere, is there any chance they could revoke the I-140?
As long as the I-140 is valid, a new employer can petition.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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